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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, who operated a foul waste collection and transportation business in the name of "B" in Incheon Gyeyang-gu, was subject to the disposition of revocation of business permission from the Gyeyang-gu Office on April 2, 2018, and had the Gyeyang-gu Office engage in a demonstration from around 14:0 to around 14:1 hours at approximately 5-10 meters away from the entrance of the Gyeyang-gu office, Incheon Gyeyang-gu, which is located in Gyeyang-gu, for about 88 hours, using loudspeakers, for the volume of 77.9dB to 7.8dB through 78.8dB, the Defendant unfairly claims cleaning fees by forging a septic tank cleaning certificate. The Defendant’s demonstration as follows: (a) the Defendant was conducted with a false public document to the offender; (b) and (c) it was difficult for the Gyeyang-gu to perform his duties by causing the petitioner to suffer a considerable amount of noise such as an average of seven hours from June 12, 2018 to June 12, 2018.
As a result, the Defendant assaulted C, D, E, F, G, H, I, J, and K, and obstructed the legitimate execution of duties related to the civil petitioners and the treatment of civil petitions by the above public officials.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of C, D, E, F, G, H, I, J, L, and K;
1. A complaint (including attached documents);
1. Each investigation report (measurement of noise level, details of direction of inspection), submission of additional data for accusation cases, and application of Acts and subordinate statutes of the evaluation table of living noise measurement data;
1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;
1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than seven years and not more than six months;
2. Scope of recommended sentences according to the sentencing criteria;
(a)basic crimes and concurrent crimes (determination of type) of obstruction of performance of official duties;